![The protection of vulnerable adults in cross-border situations [EU Legislation in Progress]](https://i0.wp.com/epthinktank.eu/wp-content/uploads/2023/12/EPRS-Briefing-757566-Protection-vulnerable-adults-FINAL.png?fit=1000%2C562&ssl=1)
Written by Ionel Zamfir (1st edition).
As the mobility of people in the EU’s ageing societies increases, so does the need to protect a particular group – vulnerable adults. Because of an impairment or insufficiency in their personal faculties, these adults are unable to protect their interests and have to rely on support from others. While all EU Member States have established legal provisions and practices addressing these people’s needs, they are highly divergent, for example, as regards powers of representation. Besides these national differences, additional obstacles arise across borders in relation to the determination of the jurisdiction and law to be applied; the recognition of decisions issued by other Member States; and international cooperation among competent national authorities.
To remove or mitigate these obstacles, an international private law instrument – the Hague Convention on the International Protection of Adults – was adopted in 2000, but has so far only been ratified by 12 Member States. To secure ratification by all Member States but also to complement the Hague Convention, the European Commission has adopted a proposal for a regulation along with a proposal for a Council decision authorising Member States to become party to the convention. Within the Parliament, the Committee on Legal Affairs (JURI) is handling the file.
Versions
- December 2023: ‘The protection of vulnerable adults in cross-border situations‘ (1st edition)
| (A) Proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults (B) Proposal for a Council Decision authorising Member States to become or remain parties, in the interest of the European Union, to the Convention of 13 January 2000 on the International Protection of Adults | ||
| Committee responsible: | Legal Affairs (JURI) | (A) COM(2023) 280 (B) COM(2023) 281 |
| Rapporteur: | Yana Toom (Renew, Estonia) | 31.5.2023 |
| Shadow rapporteurs: | Jiří Pospíšil (EPP, Czechia) Maria-Manuel Leitão-Marques (S&D, Portugal) | (A) 2023/0169(COD) (B) 2023/0170(NLE) |
| Next steps expected: | Publication of draft report | |
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